Private Right of Action
A model provision
We created Private Right of Action to assist advocates who are interested in enforcing tobacco control laws directly, without relying on state or local enforcement officials. This model provision can be added to any existing or new tobacco control ordinance that supplements state law, including ordinances pertaining to secondhand smoke, land use, or licensing. It is annotated with comments that explain the meaning and importance of the various clauses.
For a further explanation of the rationale behind and potential impact of this model provision, please see our companion memorandum The Benefits of Adding a Private Right of Action Provision to Local Tobacco Control Ordinances.